Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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If you get convicted of a felony offense in California and get placed on felony probation, you must abide by specific rules (called “terms and conditions” of probation).
Ten of the most common conditions of felony probation in California are that you:
Violating any of these conditions can lead to a probation revocation.
Generally, the terms and conditions of formal probation will depend on the underlying offense. The conditions of probation are tailored to
For example, the following offenses will almost always come with the following probation conditions:
Judges have the discretion to impose almost anything as a term of probation, so long as it is:
As a result, these typical terms of felony probation may be accompanied by other rules that are used less often. Additionally, it can mean that similar defendants who have committed similar felony offenses may find themselves subjected to very different terms of probation.
Seeking the help of a criminal defense lawyer from a reputable law firm can be the best way to protect your interests at this stage in the criminal justice process.
In California, felony probation for non-violent felonies usually lasts for 2 years.
The term of felony probation is 3 years for the following offenses, if they involved more than $25,000:
If the felony specifies how long probation is to last, that term will control.
The lengths for misdemeanors and non-violent felonies changed in 2020: That was when California Assembly Bill 1950 went into effect. This law shortened the probation terms for misdemeanors and non-violent felonies.
Before, the probation term could last as long as the maximum prison sentence, or for 5 years if the conviction carried less than 5 years in prison. However, AB 1950 did not change the rules for violent felonies.
According to California courts, this new law applies retroactively.2
The terms of felony probation are generally stricter than for misdemeanor probation, which is also known as summary probation or informal probation.
Additionally, misdemeanor probation is shorter, usually only lasting for 1 year.3
The fundamental difference between these 2 types of probation is that formal probation is imposed for felony offenses. Summary probation is imposed for misdemeanor offenses.
Summary probation generally lasts for 1 year. Probation after a felony conviction can last 2 years or longer. The terms and conditions of summary probation are relatively lenient, as well.
Suppose the court or the probation officer suspects that you violated a term of your release during the probation period. In that case, you will be brought before a judge for a probation violation hearing. In some cases, the judge can issue a bench warrant to arrest you and bring you to the hearing.
Until the hearing can be scheduled, you can be held in jail. It is at the discretion of the judge to set bail.
If the alleged probation violation is serious, such as if you are being accused of committing another crime while on community supervision, the judge may refuse to set bail. For minor violations, the judge may release you on the promise that you will return for the hearing.
At the hearing, the judge will hear evidence that you violated a term of your probation. Importantly, the prosecutor only has to prove that there was a violation by a “preponderance of the evidence” rather than “beyond a reasonable doubt”.4
The prosecutor can also present hearsay evidence to prove their case. This makes it far easier for law enforcement to win at the probation violation hearing than at the criminal trial in California.
Your criminal defense attorney can then present your side of the story. Your lawyer generally argues that either:
After hearing the evidence, the judge will decide whether there was a violation.
If the judge finds you did not violate probation, the probation will continue as it did, before.
If there was a probation violation, the judge can:
Reinstatement of probation is more likely if the violation was minor and you have been otherwise compliant. Serious offenses are more likely to lead to probation revocation.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.